St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-14
FIGHT OVER A CROSSING.

A nany-Sided Contest Between the
st. PauI d. Northern Pacific and
Manitoba.
The full bench of the district court, Judges
Wilkin, Simons and Brill, was engaged all day
yesterday in hearing arguments on the petit
ton of the st. Paul s. Northern Pacific Rail-
way company for the appointment of COM
missioners to assess damages arising from
crossing the Manitoba tracks. The plaintiff
seeks to cross the tracks Of the Manitoba
road at point about 200 feet south of Sew
enth street, for the purpose of building
tracks from that point alongside of and east
of the Manitoba, and thus getting into the
union depot on tracks of its own, instead of
entering on the Manitoba tracks as at present,
under traffic agreement. The st. Paul &
Northern Pacific is represented by Judge Sc
CONT, of Minneapolis, and the Manitoba by
Judge Flandrau and George 3. Young. The
day was consumed Yesterday by the argu-
ments of Judge Secomb and Judge Fandrau,
and when the case is resumed this morning
Mr.. Young will proceed.
THE TWO ROADS WANTS.
The petitioners CLAIM that the statu tie pro-
yideS that it HIS right to cross the tracks of
this or any other road, and that the court has
nothing TO say to their doing so, any further
than to appoint commission to assess the
damages and arrange the terms upon which
said crossing shall be made. At the present
time luC 81 raul NOTluSEH enters
its own tunnel at Minnehaha street and runs
under the Manitoba tracks, coming out about
the eaSterly line of Westminster street,
thence along the west side of the Manitoba
tracks to point about 200 feet south of Sew
enth street, from that point along the west
erly line OF the Manitoba into it's own yards
and up to the buildings occupied by its gen.
eral offices. The object of this application is
to commence at this point 200 feet south Of
Seventh street and cross the Manitoba tracks,
taking off a portion of the Wisconsin Central
round house on the easterly side of the Mani
toba tracks, and continuing between
the river and the Manitoba tracks
into the union depot yards. The Man.
itoba road objects to this scheme.
In the first place it claims that the court has
the right to say whether or not this road shall
be allowed to make this crossing at grade;
that the statute does not give the ST. Paul g.
Northern Pacific the rigt to cross their tracks
whether the Manitoba wants it to or not; that
one of the questions for the court to deter
mine is whether or not it is necessary and
proper crossing, and whether or not it en-
dangers public safety, whether the public
interests require It, The Manitoba COM
pany Claims that at the point where this
crossing is desired the grade is about eighty
six feet to the mile, q very excessive grade.
They also claim that this application is not
made by the st. Paul & Northern Pacific COM
pany in good faith, but is mere speculation,
and done for the purpose of embarrassing
the Manitoba company, and to be used as
lever to enable them to make a better bar
gain with the Manitoba company in regard to
obtaining a right OF way on the east side of
the Manitoba tracks, from Minnehaia street
into the union depot yards. without crossing
the Manitoba tracks ut all. The Manitoba
company also claims that the way for the st.
Paul IL Northern Pacific company to get in
without crossing the Manitoba tracks is for it
TO start at Minnehaha street and
cross the c. st. 2. 81 o. tracks or "Y''
and run along the east side of the Manitoba
tracks clear into the union depot yard, which
can be done without crossing the tracks of
the Manitoba at all. The St. Paul s. Northern
Pacific company says this is too expensive an
operation. The Manitoba company owns
number OF irregular shaped pieces of land on
the east side of Its line, between Minnehaha
street and Seventh street. and the St. Paul &
Northern Pacific own large number of SINH
lar pieces on the west side of the Manitoba
track between these same streets. The Mani
foba offers to trade land with the st. Paul &
Northern Pacific, provided the latter road
will adopt the line from Minnehaha street to
the union depot yards on the east side of its
tracks, witt out crossing the tracks. The
Manitoba company claims that even if this
Northern Pacific company will never use it.
but viii only use this privilege as a lever to
make better bargain in regard to this pro-
posed land trade, and that the result will be
that the ST. Paul s. Northern Pacific Will, in
GnY event come down on the line which the
Manitoba company claims in this application
is the best in every respect, both on the
ground OF public safety and that il avoids the
necessity OF 4 grade CROSSE mr..